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Research on Legal Issues about Borrowing Name to Register House Property

Author: ZhangLiYan
Tutor: JinKeKe
School: East China University of Political Science
Course: Legal
Keywords: By registered Real Estate Registration The fact that property rights Legal property rights Private autonomy Circumvent the law
CLC: D923.2
Type: Master's thesis
Year: 2011
Downloads: 46
Quote: 0
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Abstract


House is the place people want to settle down, and about human survival and development, especially with the rapid development of China's real estate industry in recent years, rising housing prices, the house is not just a survival necessities, but also used by many people to invest in As a symbol of wealth. Housing ownership is therefore more and more attention has been paid to disputes involving housing property is endless, reasonably resolve real estate disputes, has an extremely important significance to the maintenance of the trading market stability. This article to discuss the many housing property rights disputes in a very common problem, that property by name registered. Property by registered means housing financed the purchase behavior of registered people to borrow on behalf of others, to buy their own houses. In accordance with the provisions of Section 59 of the Urban Real Estate Administration Law in China, China has implemented the system of certification of registration of property rights, the housing property only after registration in order to be recognized; Similarly, Article 9 of the Property Law of China will also be the registration requirements for real property The change in the effective elements. Therefore, under normal circumstances, the actual purchase and registration of housing should be consistent. However, the actual purchase and registration rights in the real estate register deviation sometimes, some of these deviations are caused due to factors other than the parties, but also some of it is caused by an act of the parties themselves, and the article discusses by registered, that is, the deviation of an actual purchase and registration on behalf of people, and this deviation is caused due to the agreement of the parties in private behavior. This article briefly describes the general conclusions of social property by registered situation and reason, in-depth analysis of some of the legal issues related to the phenomenon, and through the analysis of these legal issues, trying to draw reasonable identified housing property ownership provide a legal basis. The article mainly through the introduction of two similar types of cases, leads by registered topic specific and intuitive way. The first chapter is a brief description of the property by name registered. The chapter is divided into two sections: the first brief the property by registered, as well as the housing ownership disputes caused by the borrowed name registration demonstrate concretely what circumstances; Section II of the parties listed why by name registered. In-depth analysis of the second chapter listing some of the legal issues related to borrowed name registration, which is the focus of this article, and the main part. This chapter is divided into four sections, each legal issues for one. The first section discusses the effectiveness of China's real estate registration system and the registration; Section II introduces the issue of property rights and the fact that property rights law; Section III provides an analysis of the issue of the autonomy of private law; Section IV discusses the behavior to circumvent the law the effectiveness of the problem. Each section has taken the first general theory expounded after the combination of the layout of the theme of this article analysis. The third chapter is the concluding part of this article, and integrated the first two chapters the registered housing by a variety of reasons, and the analysis of the legal issues involved, I from the borrowed name registration act is legitimate and not legitimate two-pronged approach, attempts to arrive at identified housing ownership of the general conclusions.

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CLC: > Political, legal > Legal > Chinese law > China and France > Property Rights
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